Victorian Current Acts

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Approval of variation of work plan

    (1)     On application by a holder of an extractive industry work authority under section 77H(1) or  77KB for approval of the variation of a work plan, the Department Head must, within 28 days after the application is lodged—

        (a)     approve the variation with or without conditions; or

        (b)     require the changes specified in a notice to the licensee to be made before the variation will be approved; or

        (c)     refuse to approve the variation.

    (2)     The Department Head must not approve a variation of a work plan unless he or she has consulted the municipal council in whose municipal district the land is situated.

    (3)     Once the Department Head has decided to approve a variation, the approved work plan for the work authority is the work plan as amended by that variation.

    (4)     The Department Head must—

        (a)     notify the holder of the work authority of his or her decision on the application; and

        (b)     give the holder of the work authority a statement of reasons for the decision.

S. 77HB(5) inserted by No. 1/2020 s. 141.

    (5)     The Department Head, within 7 days after approving a variation of a work plan relating to the carrying out of an extractive industry on land wholly or partly within the levy area, must give the Secretary to the Department of Environment, Land, Water and Planning—

        (a)     written notice of that approval; and

        (b)     a copy of the work plan as amended by the variation and any previous variations.

S. 77HB(6) inserted by No. 1/2020 s. 141.

    (6)     In this section—

"levy area" has the same meaning as in section 3 of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020 .

S. 77HC inserted by No. 10/2014 s. 29.

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